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HomeMy WebLinkAbout1967 09-25 CCM Regular Session 297 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 25, 1967 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :33 P. M. Roll Call: Mayor Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, Paul Hoimlund, Charles Van Eeckhout, Richard Schieffer, Richard Cihoski, James Lindsay and Thomas O'Hehir. Reverend Ramus of the Brook Park Baptist Church offered the invocation. Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the September 18, 1967 Council meeting as submitted. Motion carried unanimously. Motion by Gordon Erickson and seconded by John Leary to approve the minutes of the September 20, 1967 Council meeting as submitted. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -291 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1967 -36 AND STORM SEWER IMPROVEMENT PROJECT NO. 1967 -38, AND DIRECTING ADVERTISEMENT, FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -292 RESOLUTION ACCEPTING WORK (CONTRACTED BY The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Gordon Erickson and seconded by Theodore Willard to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 BY THE ADDITION OF CERTAIN PROPERTIES TO THE R -5 (MULTIPLE FAMILY RESIDENCE) ZONING CLASSIFICATION Motion carried unanimously. -1- 295 Motion by John Leary and seconded by Howard Heck to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 17 PROVIDING FOR A POLICE DEPARTMENT RESIDENCY POLICY Motion carried unanimously. Motion by John Leary and seconded by Gordon Erickson to declare a first reading of the following ordinance: AN ORDINANCE VACATING HALIFAX AVENUE NORTH LYING WITHIN SUNRISE MANOR AS A PUBLIC STREET Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to declare a first reading of the following ordinance: AN ORDINANCE VACATING 66th AVENUE NORTH WITHIN CHRISTOFERSON ADDITION AS A PUBLIC STREET Motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -293 RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTERS OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE, AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON -PAYNE NT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT, AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF CHAPTER 394, LAWS OF MINNESOTA, 1941. The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -294 RESOLUTION CERTIFYING DELINQUENT SEWER SERVICE ACCOUNTS FOR 1966 TO HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Theodore Willard to declare favorable the assessment hearing on Sanitary Sewer Improvement Project No. 1967 -7. Motion carried unanimously. _2 - r 293 Motion by Gordon Erickson and seconded by Howard Heck to declare favorable the assessment hearing on Sanitary Sewer Improvement Project No. 1967 -8. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to declare favorable the assessment hearing on Water Improvement Project No. 1967 -9. Motion carried unanimously. Motion by Tloodore Willard and seconded by Gordon Erickson to declare favorable the s h assessment hearing n Sanitary Sewer Improvement act Pro 9 r'Y A j No. 1967 -31. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to declare favorable the assessment hearing on Water Improvement Project No. 1967 -32. Motion carried unanimously. Motion by Gordon Erickson and seconded by Howard Heck to declare I favorable the assessment hearing on Sanitary Sewer Improvement Project No. 1967 -35. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to declare favorable the assessment hearing on Water Improvement Project No. 1967 -34. Motion carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to declare favorable the assessment hearing on Water Improvement Project No. 1967 -17. Motion carried unanimously,, Motion by J Leary and seconded b John Lea Theodore Willard to declare Y T favorable the assessment hearing on Water Improvement Project No. 1967 -24. Motion carried unanimously. Motion by Gordon Erickson and seconded by john Leary to declare favorable the assessment hearing on Water Improvement Project No. 1967 -26. Motion carried unanimously. Mayor Cohen surrendered the chair to Mayor Pro -tem Howard Heck, due to the fact that his property is included in the next project to be considered. Motion by john Leary and seconded by Theodore Willard to declare favorable the assessment hearing on Street Improvement Project No. 1966 -29. Motion carried unanimously. Mayor Cohen reassumed the chair from Mayor Pro -tem Howard Heck. Motion by Theodore Willard and seconded by Gordon Erickson to declare favorable the assessment hearing on Street Improvement Project No. 1966 -7. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to declare favorable the assessment hearing on Street Improvement Project No. 1966 -21. Motion carried unanimously. Motion by Gordon Erickson and seconded by Howard Heck to declare favorable the assessment hearing on Grading, Base & Surfacing Improvement Project No. 1966 -1. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to declare favorable the assessment hearing on Curb & Gutter Improvement Project No. 1966 -2. Motion carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to declare favorable the assessment hearing on Storm Sewer Improvement Project No. 1966 -3. Motion carried unanimously. _3 _ r 43 Motion by Howard Fleck and seconded by John Leary to declare favorable the assessment hearing on Storm Sewer Improvement Project No. 1966 -3A. Motion carried unanimously. Motion by Gordon Erickson and seconded by Howard Heck to declare favorable the assessment hearing on Storm Sewer Improvement Project No. 1966 -22. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to declare favorable the assessment hearing on Public Utility Water Hook -ups. Motion carried unanimously. Motion by Theodore Willard and seconded by Gordon Erickson to declare favorable the assessment hearing on Public Utility Water Revenue 67. Motion carried unanimously. ' Motion by Howard Heck and seconded by John Leary to declare favorable the assessment hearing on Sewer Connections. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -295 RESOLUTION CONFIRMING ASSESSMENTS FOR SANITARY SMER IMPROVEMENT NO'.S. 1966 -15, 1966 -41, 1966 -42, 1967 -7, 1967 -8, 1967 -21, 1967 -31 AND 1967 -35, AND WATER IMPROVEMENT NO'S. 1966 -16, 1966 -43, 1967 -1, 1967 -9, 1967 -17, 1967 -22 .. 1967 -23, 1967 -24, 1967 -26, 1967 -32, AND 1967 -34, AND STREET IMPROVEMENT NO'S. 1966 -7, 1966 -10, 1966 -21, 1966 -27 1966 -29, AND 1967 -6, AND GRADING, BASE & SURFACING IMPROVEMENT NO'S. 1966 -1, 1966 -46, AND 1966 -47, AND CURB & GUTTER IMPROVEMENT NO'S. 1966 -2, 1966 -44, AND 1966 -45, AND STORM SEWER IMPROVEMENT NO'S. 1966 -3, 1966 -3A, AND 1966 -22, AND PUBLIC UTILITIES WATER HOOK -UPS, AND PUBLIC UTILITIES WATER REVENUE 67 HOOK-UPS, AND SANITARY SEWER CONNECTIONS. The motion for the adoption of the foregoing resolution was duly seconded by member Gordon Erickson, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at 8 :51 and resumed at 9 :08 P.M. The Council then considered application #67050 submitted by Davies Water Company, requesting a variance from Section 35 -402 from the City Ordinances to permit construction of an industrial building with less than the required setback of 100 feet for the property at 4110 Lakebreeze Avenue North (Parcel 1800, Plat 89010). Mr. Poss reviewed with the Council the Commission' action on the variance request. Mr. Davies, the applicant, then discussed the application with the Council. His feeling was that the requirement of a setback of 100 feet along the west side of the property would work an extreme hardship on him in the use of the remainder of the property, 100 feet being approximately 1/3 of the width of the entire property. Further, he advised that the actual layout of the two proposed buildings on the property was still flexible and that he was quite willing to accept suggestions from the Council as to how the purposes meant to be accomplished by the 100 foot setback could be better accomplished by a lesser setback. Comments were then solicited from Mr. Boyd, a resident on the west side of Azelia Avenue. He stated that his major objection to not agreeing with this use would be the problem of regulating congestion on Azelia Avenue caused by employees' vehicles and trucks. When -4- 41 asked by the Council if he would prefer a greater setback with parking facilities within the setback, or a lesser setback which would be landscaped ✓ and would eliminate access to Azelia, Mr. Boyd advised that he would prefer the latter. Councilman Theodore Willard then formulated several questions which he directed to the Attorney, to which the Attorney replied he would be unable to research the answers to these questions for the Council for at least two weeks. Motion by Gordon Erickson and seconded by Theodore Willard that Application #67050 be tabled until the Council meeting of October 16th, to allow the City Attorney time to reply to the legal questions involved in this Application. The next item to be considered was a request by Robert Siede of 6138 Dupont Avenue North, requesting a variance from Section 35 -402 to permit construction of a detached garage 21 feet from the north side property line of the property at 6138 Dupont Avenue rather than the 25 feet required by ordinance. Motion by Theodore Willard and seconded by Hovard Heck that a variance from Section 35 -402 be granted to Robert Siede as requested in Application #67051 to permit construction of a detached garage on his property at 6138 Dupont Avenue to be 21 feet from the north side property line, in that the previous action by the City in 1959 granting a variance to Mr. Siede's neighbor on the property at 6139 Colfax Avenue North to construct his garage 21 feet from the ro rt line would constitute an ine uit in the application p pe y inequity pp of the n e Zon g Ordinance if the requirements were not varied for Mr. Siede s proposed construction. Motion carried unanimously. The Council then considered Application #65104 (2nd revision) submitted by Thomas Geldert and Herbert Appelquist requesting approval of an amendment to the site plan previously approved by the Council, to permit the construction of garages on the apartment properties contained within the Xerxes Court apartment development, at 5207 and 5209 Xerxes Avenue North (Lots 2 and 3, R. R. McChesney and Sons 2nd Addition). Mrs. Geldert and Mr. McChesney (representing Mr. Appelquist) explained that they wished to construct up to 12 garage stalls on each of their apartment properties for the tenants of their buildings. Motion by john Leary and seconded by Theodore Willard that approval be granted to the amended site plans of the Xerxes Court Apartments to include up to 12 stall garage on each of the properties at 5207 and 5209 Xerxes Avenue North, as requested in Application #65014 (2nd revision), with the proposed buildings adhering to the setback and construction requirements of the City's ordinances. Motion carried unanimously. The last Application to be considered was #67044 submitted by Dwight Sundeen and Walter Kukich, requesting a revision from R -1 (Single Family Residence) to B -2 (Regional Business) of the property at 6451 Osseo Road. Mr. Kukich was present to discuss the request with the Council. He felt that he could add nothing further to explain his request than had been explained at the Planning Commission's meeting on September 7th; that he and Mr. Sundeen wished to use the property as the site of a United Rent -alls agency. Mrs. Nelson and Mr. Sears, owners of the fourplexes at 3910 and 4006 - 65th Avenue North were present and stated that they were opposed to the rezoning for a rental agency, in that such a rental agency would be detrimental to their property values and would harm the rental of units within their buildings. Motion by Theodore Willard and seconded by Gordon Erickson that the public hearing regarding Application #67044 be closed. Motion carried unanimously. Further discussion of Application #67044 ensued on the part of the Council. Motion by john Leary and seconded by Howard Heck that the rezoning from R -1 to B -2 as requested in Application #67044 for the property at 6451 Osseo Road be denied, in that: -5- 1. the rezoning of this property would be a spot zoning to a commercial classification not presently in existence for some distance from this property; 2. this rezoning to a commercial retail classification would not be in keeping with the Goals as stated for the Osseo Road in the Comprehensive Plan, and that there is no reason to change the stated Goals. Motion carried unanimously. Mayor Cohen distributed to the Council a form resolution relating to the cooperative agreement for the purchase of land for a junior College in Brooklyn Park, commenting that this form resolution had been distributed to the affected Municipalities and School Districts in the North Hennepin County area. Mayor Cohen asked Representative Roger Scherer to explain the purpose of this resolution to the Council, and comment on the progress of acquisition of the junior College site. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67-296 RESOLUTION PROVIDING FOR JOINT AND COOPERATIVE AGREEMENT FOR THE PURCHASE OF LAND TO PROVIDE A SITE FOR A JUNIOR COLLEGE IN THE NORTHWEST HENNEPIN COUNTY AREA AND PROVIDING FOR CONVEYANCE OF SAID SITE TO THE STATE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Theodore Willard and seconded by john Leary to table the request of Brookdale Chrysler /Plymouth for a Class "A" Automobile Dealer's license. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to approve the following licenses: Garbage & Rubbish Hauling License Drury's Sanitary Service 424 - Decatur Ave. No. Cigarette License Ace Motel 6500 Lyndale Ave. No. Motion carried unanimously. Mr. Poss then discussed with the Council the receipt of a letter from the Municipal Finance Officers Association awarding a Certificate of Conformance to the City of Brooklyn Center for the excellence of the 1966 Annual Audited Finance Report, which report was in conformance with the high standards given by the Municipal Finance Officers Association of the United States and Canada, and the National Committee on Governmental Accounting. Mr. Poss noted that primary responsibility for the receipt of this award, held by only six other governmental units in Minnesota, was due to the efforts of Paul Holmlund, Finance Director of the City. Motion by Howard Heck and seconded by Theodore Willard to commend Mr. Paul Holmlund, Finance Director for the City of Brooklyn Center, on the achievement of a Certificate of Conformance for the 1966 Audited Report, based on the excellence of its preparation. Motion carried unanimously. -6- Motion by john Leary and seconded by Gordon Erickson to reconvene the 1968 Budget Hearing previously adjourned at the meeting of September 20th. Motion carried unanimously. A review of the various Departmental Budgets ensued. Motion by Howard Heck and seconded by Theodore Willard that the 1968 Budget Hearing be adjourned until the next Council meeting on Monday, October 2, 1967 at approximately 8 P. M. Motion carried unanimously. Motion by Gordon Erickson and seconded by john Leary that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12;30 A. M. Clerk Mayor -7-